The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-07-17
RAILWAY MATTETS.

DGCf9AOn8 ln0fC0t1DE Extent
icy or the Interstate Commission.
WASHINGTON. July 16.-Counsel for the Mis-
souri, Pacific Railway company having made q
motion before the Interstate commerce Com
mission that it dismiss the complaint of tho st.
Louis wholesale grocers' association for want Of
jurisdiction in the matter OF the insurance Of
mileage tickets, the commission has declined to
take up the motion, first, because notice was not
given to compliments; and second, because its
object was to reach the merits of the case and
have them discussed and passed upon summar-
lily instead OF at the customary final hearing.
The commission closes its record upon this
matter with q paragraph OF more general inter-
"A practice thus to anticipate by motion the
final hearing, the commission did NOT think ad-
visable, and would not, therefore. favor. It is
the desire OF the commission that the practice
and proceedings in before it shall be in the
simplest form possible consistent with justice.
and that without dilatory motions pleas 10 abate-
ment or other interIocutory proceedings, the
matter in question NAV be brought to an issue
at the earliest practicable day, when final hear
ing may be had forthwith. and all proper ques-
tions will then be entertained, whether jurisdic-
tional going to the merits of the controversy"
An exactly similar disposition was made, and
for like reasons. of q motion to dismiss the COM
plants of the Walla WaliA people against the
Oregon Railway a Navigation Company, the
complaints being OF excessive charges for the
transportation OF grain to Portland. The Waa
Wala cases are set Tor nearing on Oct. A next
The decision of the commission disposing Of
the complaints of the Dakota farmers against
the Manitoba Railroad Company has been made
of record. and is of general interest showing
the course OF the commission In respect to many
Of the matters which come before it in other
than strict legal form, but which,
nevertheless, appear TO have merit and to be
brought in good faith. The substance of the
complaint is stated to be a refusal of the COM
pany 70 furnish cars last fall and winter and a
fear that the course of the defendant will be
similar the coming fall The commission finds
no charge OF any misconduct since the passage
of the interstate act. and, having no authority
to anticipate violations OF law or issue mandate
ry process based upon suggestions or fears, it
says it might, with entire propriety. have
til il was seen whether their
fears were to be realized. But rs 1t was quite
possible that the fears might not DO wholly
groundiess, it deemed proper to send de-
PENDANT copy OF the petition that II might
have opportunity for explanation and also
for giving assurances as to the future, X In
cined to do so. To the petition the defendant
company answered. excusing it's failure
to furnish cars during the time specil
fed by complainant and averring thar the
company had now procured an ADDITIONAL
number OF cars, so that il WAS believed their
would hereafter be no difficulty "a handling IN
business promptly and without delay. The
compliments did not appear at the gsubsequent
hearing. and the case was therefore dismissed.
letter from Winchester. Ky. charges the
making secret rebates grain shipments
but the writer having withheld his name. the
commission thinks the charge undeserving its
attention.